Article 346. Measures taken to ensure order in the main court proceedings CPC RK Criminal Procedure Code of the Republic of Kazakhstan

     1. In case of violation of the order in the court session, disobeying the orders of the presiding judge, as well as committing other actions (inaction) that clearly indicate disrespect for the court, the presiding judge has the right to remove the person from the courtroom or announce the establishment of the fact of disrespect for the court in cases that do not contain signs of a criminal offense, and impose a monetary penalty on the guilty person in the following cases: in accordance with the procedure provided for in Article 160 of this Code. Removal may be carried out against any participant in the process or other person other than the prosecutor and defense counsel. A monetary penalty may not be imposed on the defendant and his lawyer participating as a defender.

     2. If a defendant has been removed from the courtroom or has refused to participate in the trial, the presiding judge must ask him before each court session whether he wishes to be present in the courtroom, provided that he follows the rules of procedure. The verdict must be pronounced in the presence of the defendant, and if he refuses to be present, the verdict must be announced to him against receipt immediately after the proclamation.

     3. The court shall issue a resolution on the removal of a participant in the proceedings from the courtroom and the imposition of a monetary penalty.

     4. Persons present in the courtroom, but who are not participants in the process, in case of violation of the order by them, are removed from the courtroom by order of the presiding judge. In addition, a court may impose a monetary penalty on them.

     5. If there are signs of a criminal offense in the actions of the violator of the order in the court session, the court sends the materials to the prosecutor to resolve the issue of launching a pre-trial investigation.

President    

Republic of Kazakhstan     

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